After Elon Musk unceremoniously laid off roughly 50 per cent of Twitter’s workforce, he announced this week that he plans to scrap the company’s ‘work from anywhere policy’ and mandate a full-time return to offices for all of its employees.
It raises an important question about the future of remote work in North America on the heels of an impending recession and a historic labour shortage, which experts say could ideally put employees in the driver’s seat for negotiating their working conditions.
“Employers are absolutely risking a floodgate of wrongful dismissal claims for severance when they make fundamental changes to (policy) for their employees,” Mackenzie Irwin, a Toronto-based employment lawyer, told CTVNews.ca on Friday.
According to Irwin, if a job is advertised as a remote position and if remote work is embedded in an employee’s contract or as a company policy, then an argument can be made that work-from-home counts as an agreed-upon term of employment.
In those cases, employees fired for not returning to offices or who quit due to the change in policy can sue for constructive dismissal, she said, which refers to when an employer doesn’t abide by their original agreement with an employee.
This could lead to a stronger exit or severance package, or in some rare cases, renewed employment.
But, for the workers without a written stipulation and who worked remotely due to unprecedented circumstances such as COVID-19, there is no “legislative framework” in place to protect those who refuse to return to the office, Sundeep Gokhale, a Toronto-based labour lawyer told CTVNews.ca on Friday.
“That said, we’re starting to see a very strong movement from employees making this determined condition of employment when they accept new work,” he said.
“I think we’re all seeing it as one of the first questions asked by employees (in a job interview), such as, ‘Is it a flexible work environment’ or, ‘How often do I have to come into the office?'”
Remote work’s popularity in Canada has surged, with many ready to quit if forced back to the office full-time, according to an October online survey by Hardbacon, a financial technology company.
It revealed that more than 80 per cent of Canadian remote workers would quit their job and look for new ones if their employer asked them to return to the office five days a week.
Another study by the Environics Institute for Survey Research on workplace preferences found that an increasing proportion of Canadians have grown acclimated to working remotely since the COVID-19 pandemic began, and want to keep it an indefinite option.
“I think it would have been reasonable to think that, after two-and-a-half years, people would have had enough, and want to go back. And we’re just not seeing that,” Andrew Parkin, one of the report’s lead authors, told CTVNews.ca in September.
But many companies in Canada have started putting their foot down and are renewing efforts to get employees back into office buildings.
Rather than voluntary return-to-office guidelines, employers are mandating office attendance through corporate policies. Some Bay Street companies and law firms appeared to be leading the charge, issuing memos mandating a set number of days a week in the office in September.
Law firm Osler, Hoskin & Harcourt LLP said in a statement that on Sept. 6 its offices would move to a hybrid working model where most employees will work three to four days a week in the office, subject to operational requirements and local public health guidance.
The Royal Bank of Canada (RBC) is encouraging staff to visit the office more frequently, which could be an indication that Canadian big banks will follow their American counterparts and reduce remote work.
Rafael Ruffolo, a spokesman for RBC, told BNN Bloomberg via email that most office jobs under hybrid arrangements would require two to three days of in-person work each week.
“It won’t just happen organically,” RBC’s president and chief executive Dave McKay said in a LinkedIn post in September. “We’re asking teams across the bank to start coming together in person more often to work and collaborate.”
“There’s an energy and spontaneity that comes from connecting in-person that I don’t believe technology can replicate.”
While conflicted about the fate of working from home, experts believe that unions may be able to offer support to negotiate better deals for workers.
“Unions can definitely negotiate remote work to be included in employees’ collective agreements,” Valerio De Stefano, a York University professor and Canada Research Chair of the Innovation, Law and Society at Osgoode Hall Law School in Toronto, told CTVNews.ca on Friday.
“Even if remote work is not in collective agreements, but something that has been implemented by an employer, then a union can claim that the employer cannot revoke the policy unless they have demonstrable business grounds to do so.”
Employers also can’t roll back work-from-home policies without a reasonable amount of notice given to workers, Irvin says, arguing that often even a week’s notice wouldn’t be considered reasonable after two years of remote work.
While there is no hard and fast rule or formula, employers following best practices should transition workers to the office slowly with plenty of notice and start with a hybrid model, she said.
Parkin cautions that employers with rigid approaches may find a harder time retaining staff as opposed to those who are more flexible.
“While I can’t say if (permanent remote work) is sustainable or not, the way I’d put it is that it’s unavoidable,” he said.
With files from The Canadian Press and CTV News
Are you being asked to return to the office but would prefer to continue working from home? Share your story by emailing us at firstname.lastname@example.org with your name and location. Your comments may be used in a CTVNews.ca story.
New job as head baker helps Ukrainian newcomer find familiarity in Winnipeg – CBC.ca
Life in Canada is off to a sweet start for a Ukrainian baker who has found a new home for her creations in Winnipeg.
Hanna Tokar, who has only been in Canada for just over a month, is now the head baker at the Winnipeg location of the Butter Tart Lady.
Michelle Wierda, the owner of the bakery, offered her a job after seeing a Facebook post Tokar made where she shared her struggles finding employment in Winnipeg.
“I saw her pictures and I thought, ‘I have to interview her,'” Wierda told host Marcy Markusa in a Tuesday interview with CBC’s Information Radio.
“I saw her attention to detail. Her work is just spectacular. It looked very delicious.”
Before coming to Canada, Tokar owned a bakery she operated by herself in her hometown of Kherson, a port city in southern Ukraine.
She was forced to permanently close its doors when she came to Canada, fleeing Kherson after Russia’s invasion of Ukraine.
Tokar said she was shocked to get the offer to work at the Winnipeg bakery.
“I didn’t expect [to] … have an offer to work in a bakery, because it was actually my dream to have that job here. So it was amazing for me,” she told Information Radio.
Feb. 24 will mark the one-year anniversary of the war in Ukraine.
Since then, more than 800,000 Ukrainian nationals and their family members have applied for special temporary resident visas to come to Canada, according to Immigration, Refugees and Citizenship Canada. The ministry said as of late December, more than 132,000 Ukrainian nationals had entered Canada since the start of 2022.
While Tokar’s parents are safe elsewhere in Europe, she says she prays for her grandparents who stayed in Kherson, which has experienced heavy damage due to shelling.
“I actually miss Ukraine. I actually miss my friends and my life — my previous life,” Tokar said.
“I really want them to really be proud of me, so that’s why when I have a job I called them and my grandparents really cried.”
As she settles into her new role as head baker at the Butter Tart Lady’s Winnipeg location, the return to what has been a lifelong passion provides Tokar with familiarity in a new place.
Although she is still new to the position, Tokar is already infusing the menu with traditional Ukrainian treats, something Wierda is excited about.
Of these treats is pampushky, a Ukrainian garlic bread that is traditionally served with borscht, Tokar explained.
On the two days she made pampushky, it sold out immediately, said Wierda.
As they look toward to the future, the two women are excited for their partnership.
“I love to be so creative and imaginative, and that’s what I’ve seen in Hanna, is that she’s very determined,” Wierda said. “She has a strong ambition to excellence and she’s always researching, looking for new ideas, new things.”
For Tokar, this experience provides hope for what life in Canada can be.
“You know, I never expect that, like, some foreign people can support me like that,” she said.
“And I really like appreciate the kindness of people.”
Information Radio – MB6:15Baker from Ukraine is frosting cupcakes while connecting with a new community in Winnipeg
Canadian team discovers power-draining flaw in most laptop and phone batteries – CBC.ca
The phone, tablet or laptop you’re reading this on is likely having its battery slowly drained because of a surprising and widespread manufacturing flaw, according to researchers in Halifax.
“This is something that is totally unexpected and something that probably no one thought of,” said Michael Metzger, an assistant professor at Dalhousie University.
The problem? Tiny pieces of tape that hold the battery components together are made from the wrong type of plastic.
Batteries release power because of a chemical reaction. Inside each battery cell, there are two types of metal. One acts as a positive electrode and one as a negative electrode.
These electrodes are held in an electrolyte fluid or paste that is often a form of lithium.
When you connect cables to each end of the battery, electrons flow through the cables — providing power to light bulbs, laptops, or whatever else is on the circuit — and return to the battery.
Trouble starts if those electrons don’t follow the cables.
When electrons move from one charged side of the battery to the other through the electrolyte fluid, it’s called self-discharge. The battery is being depleted internally without sending out electrical current.
This is the reason why devices that are fully charged can slowly lose their charge while they’re turned off.
“These days, batteries are very good,” Metzger said. “But, like with any product, you want it perfected. And you want to eliminate even small rates of self-discharge.”
In the search for the perfect battery, researchers have to watch how each one performs over its full lifespan.
“We do a lot of our tests at elevated temperatures these days. We want to be able to do testing in reasonable time frames,” Metzger said. Heat makes a battery degrade more quickly, he explained.
At Dalhousie University’s battery lab, dozens of experimental battery cells are being charged and discharged again and again, in environments as hot as 85 C.
For comparison, eggs fry at around 70 C.
If researchers can learn why a battery eventually fails, they can tweak the positive electrode, negative electrode, or electrolyte fluid.
During one of these tests, the clear electrolyte fluid turned bright red. The team was puzzled.
It isn’t supposed to do that, according to Metzger. “A battery’s a closed system,” he said.
Something new had been created inside the battery.
They did a chemical analysis of the red substance and found it was dimethyl terephthalate (DMT). It’s a substance that shuttles electrons within the battery, rather than having them flow outside through cables and generate electricity.
Shuttling electrons internally depletes the battery’s charge, even if it isn’t connected to a circuit or electrical device.
But if a battery is sealed by the manufacturer, where did the DMT come from?
Through the chemical analysis, the team realized that DMT has a similar structure to another molecule: polyethylene terephthalate (PET).
PET is a type of plastic used in household items like water bottles, food containers and synthetic carpets. But what was plastic doing inside the battery?
Tale of the tape
Piece by piece, the team analyzed the battery components. They realized that the thin strips of metal and insulation coiled tightly inside the casing were held together with tape.
Those small segments of tape were made of PET — the type of plastic that had been causing the electrolyte fluid to turn red, and self-discharge the battery.
“A lot of companies use PET tape,” said Metzger. “That’s why it was a quite important discovery, this realization that this tape is actually not inert.”
Tech industry takes notice
Metzger and the team began sharing their discovery publicly in November 2022, in publications and at seminars.
Some of the world’s largest computer-hardware companies and electric-vehicle manufacturers were very interested.
“A lot of the companies made clear that this is very relevant to them,” Metzger said. “They want to make changes to these components in their battery cells because, of course, they want to avoid self-discharge.”
The team even proposed a solution to the problem: use a slightly more expensive, but also more stable, plastic compound.
One option is polypropylene, which is typically used to make more durable plastic items like outdoor furniture or reusable water bottles.
“We realized that it [polypropylene] doesn’t easily decompose like PET, and doesn’t form these unwanted molecules,” Metzger said. “So currently, we have very encouraging results that the self-discharges are truly eliminated by moving away from this PET tape.”
U.S. escalates trade concerns over Canada's online news and streaming bills – The Globe and Mail
Washington has escalated its concerns about the trade implications of Ottawa’s online streaming and online news bills, prompting a legal expert to predict the issue will be raised during President Joe Biden’s planned visit to Canada in March.
Deputy United States trade representative Jayme White stressed “ongoing concerns” about the two Canadian bills at a meeting last week with Rob Stewart, Canada’s deputy minister for international trade.
Senior Democrat and Republican senators on the influential U.S. Senate finance committee also weighed in last week, writing a letter to U.S. Trade Representative Katherine Tai about Canada’s “troubling policies,” which they said target U.S technology companies.
Both bills are making their way through Canada’s Parliament. Bill C-11 reached a third-reading debate in the Senate on Tuesday.
The U.S. is concerned that the two bills unfairly single out American firms, including Google, Facebook and Netflix.
Bill C-11 would update Canada’s broadcast laws, giving the Canadian Radio-television and Telecommunications Commission (CRTC) the power to regulate streaming platforms such as Netflix, YouTube, Amazon Prime and Spotify.
The streaming platforms would have to promote Canadian content – including films, TV shows, music and music videos – and fund its creation.
Bill C-18 would force Google and Facebook to strike deals with news organizations, including broadcasters, to compensate them for using their work. The CRTC would have a role in overseeing the process.
Two sources told The Globe and Mail that the CRTC’s lack of experience regulating print media and digital platforms was raised by Ms. Tai and her team in previous talks with Canada’s Trade Minister, Mary Ng. The Globe is not naming the sources because they were not authorized to speak publicly on the issue.
A U.S. readout of Mr. White’s meeting with Mr. Stewart said the American official had “expressed the United States’ ongoing concerns with … pending legislation in the Canadian Parliament that could impact digital streaming services and online news sharing and discriminate against U.S. businesses.”
Shanti Cosentino, a spokeswoman for Ms. Ng, said the Minister “has reiterated to Ambassador Tai that both Bill C-11 and C-18 are in line with our trade obligations and do not discriminate against U.S. businesses.”
Last week, Democrat Ron Wyden, chairman of the U.S. Senate committee on finance, and Republican Michael Crapo, a senior member of the committee, raised concerns in a letter to Ms. Tai that the bills could breach the terms of the United-States-Mexico-Canada Trade Agreement (USMCA).
Michael Geist, the University of Ottawa’s Canada Research Chair in internet law, said the intervention from both parties means it is now likely the issue will be on the agenda when Mr. Biden visits Canada.
“To see this raised in a bipartisan manner by two U.S. Senators from the powerful finance committee suggests that the issue is gaining traction in Congress,” he said.
The senators urged Ms. Tai to take enforcement action if Canada fails to meet its trade obligations.
Their letter said the online streaming bill would “mandate preferential treatment for Canadian content and deprive U.S. creatives of the North American market, access they were promised under USMCA.”
It added that Bill C-18 “targets U.S. companies for the benefit of Canadian news producers and raises national treatment concerns under USMCA.”
But Toronto-based trade lawyer and former diplomat Lawrence Herman, founder of Herman and Associates, said the U.S. politicians’ intervention is “a reflection of a well-orchestrated lobbying effort by the major digital platforms.”
He said there is no evidence that either bill discriminates against American companies.
“Canada is well armed to defend any trade complaint,” he said.
On Thursday, as Canada’s Senate debated Bill C-11 at third reading, Senator Dennis Dawson, sponsor of the bill in the Senate, said the legislation has been thoroughly scrutinized and should now be passed.
The Senate was due to begin debating C-18 this week. But that could now be delayed because of an error in the printed text of the bill sent over from the Commons, the Speaker of the Senate said.
The incorrect text included a sub-amendment that had not actually passed in a Commons committee. It will now have to be pulped and reprinted.
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